SRC-JEC, TBR H.B. 251 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 251
By: Keffer (Carona)
Business & Commerce
4/25/2001
Engrossed


DIGEST AND PURPOSE 

Currently, food manager certification may be required only by home-rule
municipalities. The Texas Department of Health and county and public health
districts do not have the statutory authority to require certification.
H.B. 251 authorizes the Texas Board of Health and county and public health
districts to administer a food manager certification exam and to require
retail food establishments to employ at least one food manager certified by
the board.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 437.0076, Health and Safety Code) and SECTION 2
(Sections 438.102 and 438.106, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 437, Health and Safety Code, by adding Section
437.0076, as follows: 

Sec. 437.0076.  CERTIFIED FOOD MANAGER. (a)  Authorizes a county or public
health district to require each fixed or mobile location retail
establishment in which food is prepared on-site for sale to the public that
holds a permit issued by the county or public health district to employ a
food manager certified under Chapter 438G. 

(b)  Authorizes the Texas Board of Health (board) to require each fixed or
mobile location retail establishment in which food is prepared on-site for
sale to the public that is required to be operated under a permit under
Section 437.0055 to employ a food manager certified under Chapter 438G. 

(c)  Provides that an establishment that handles only prepackaged food and
does not prepare or package food may not be required to have a certified
food manager under this section. 

(d)  Authorizes the board by rule to exempt establishments other than the
establishments described by Subsection (c) from the requirement imposed
under this section if the board determines that the application of the
requirement to those establishments is not necessary to protect public
health and safety. 

(e)  Authorizes a county or public health district to exempt establishments
other than the establishments exempt under  Subsections (c) and (d) from
the requirement imposed by the county or public health district under this
section if the county or public health district determines that the
application of the requirement to those establishments is not necessary to
protect public health and safety. 

(f)  Provides that a child-care facility is exempt from the requirements
imposed under  this section. 

SECTION 2.  Amends Chapter 438, Health and Safety Code, by adding
Subchapter G, as follows: 

SUBCHAPTER G.  CERTIFICATION OF FOOD MANAGERS

Sec. 438.101.  DEFINITIONS.  Defines "board," "food establishment," and
"food manager." 

Sec. 438.102.  CERTIFICATION PROGRAM. (a)  Requires the board to establish
a certification program for food managers in accordance with this
subchapter. 

(b)  Requires the board by rule to prescribe the requirements for issuance
and renewal of a food manager certificate under this subchapter. 

Sec. 438.103.  CERTIFICATION AND RENEWAL OF CERTIFICATION; EXAMINATION
REQUIRED.  Authorizes a person who satisfies the requirements of this
subchapter to receive and renew a food manager certificate by passing a
state-approved examination. 

Sec. 438.104.  APPROVAL OF EXAMINATIONS; SELECTION OF EXAMINATION SITES.
(a)  Requires the board to adopt criteria to approve examinations. 

(b)  Requires the board, in administering this subchapter, to consider the
impact of the traveling distance and time required for a food manager to
obtain certification.  Requires the board to give particular consideration
to mitigating the impact of this subchapter on food managers in rural
areas.  Requires the board to use the Internet to implement the
certification and authorizes the board to develop a system to permit
administration of the examination using the Internet. 

Sec. 438.105.  CERTIFICATE AS EVIDENCE OF COMPLIANCE WITH OTHER LAW.
Requires a food manager certificate, including a renewal certificate,
obtained under this subchapter to be accepted as meeting the training and
testing requirements under Section 438.046(b). 

Sec. 438.106.  POWERS AND DUTIES OF BOARD; FEES.  (a)  Authorizes the board
by rule to adopt a fee for issuance or renewal of a food manager
certificate under this subchapter in amounts reasonable and necessary to
administer this subchapter, but not to exceed $35. 

(b)  Authorizes the board by rule to adopt a fee, in an amount not to
exceed $10, for an examination administered by the Texas Department of
Health under this subchapter. 

(c)  Authorizes the board to adopt rules for the denial, suspension, and
revocation of a food manager certificate issued under this subchapter. 

(d)  Authorizes the board by rule to prescribe standards for examination
sites, expenses of administration of examinations under this subchapter,
and site audits for the administration of this subchapter. 

SECTION 3.  (a)  Effective date: September 1, 2001.

(b)  Provides that a food manager examination approved by the Texas
Department of Health before September 1, 2001, satisfies the criteria for
approval of examinations under Section 438.104, Health and Safety Code, as
added by this Act. 

(c)  Provides that the Texas Board of Health or a county or public health
district may not  require employment of a certified food manager under
Section 437.0076, Health and Safety Code, as added by this Act, before
February 1, 2002. 

(d)  Requires the Texas Board of Health to adopt rules necessary to
implement Subchapter G, Chapter 438, Health and Safety Code, as added by
this Act, not later than January 1, 2002.